Constitution of India, Article 300-A – Right to Property – No Person Shall Be Deprived of His Property Save by Authority of Law – Principles of Natural Justice Violated – Failure to Provide Personal Hearing – Award Set Aside

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 21(2) – Notice to Persons Interested – Minimum 30-Day Notice Period Mandatory – Failure to Adhere to Time Frame – Personal Hearing Obligatory

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 23 – Inquiry and Award by Collector – Necessity of Providing Effective Opportunity of Hearing – Deviation from Prescribed Procedure Vitiates Award

The Court Held That Mere Consideration of Written Objections Cannot Substitute the Requirement of Personal Hearing – Non-Compliance With Section 21(2) Invalidated the Award – Award Dated 23 November 2023 Quashed and Set Aside – Directions Issued for Fresh Hearing and Award

Compliance With Principles of Natural Justice, Including Adequate Notice and Personal Hearing, Is Essential in Land Acquisition Proceedings – Deviation From Statutory Procedure Adversely Affects the Legitimacy of the Award

DIRECTIONS:

1. Petitioners to Appear Before the Deputy Collector on 21 March 2025 for a Personal Hearing

2. Fresh Award to Be Passed by 30 April 2025 After Considering Objections and Providing Proper Hearing

3. Petitioners to Withdraw Their Reference Under Section 64 of the Act Within 15 Days of Uploading of the Judgment

NATURE OF LITIGATION:

Petition Seeking Quashing of Land Acquisition Award Citing Violation of Principles of Natural Justice and Non-Compliance with Statutory Provisions

REASON FOR FILING THE CASE:

Petitioners Challenged the Land Acquisition Award Dated 23 November 2023, Claiming That They Were Not Granted the Mandatory 30-Day Notice Period or a Personal Hearing as Required by Sections 21 and 23 of the Act of 2013

PREVIOUS DECISIONS:

Award Passed on 23 November 2023 Without Compliance With the Statutory Requirement of Providing Adequate Opportunity of Objection and Personal Hearing

ISSUES:

1. Whether the Petitioners Were Provided Adequate Notice Period Under Section 21(2) of the Act of 2013

2. Whether the Failure to Grant a Personal Hearing Rendered the Award Void and Liable to Be Set Aside

SUBMISSIONS/ARGUMENTS:

(a) Petitioners Argued That the Notice Dated 16 June 2023 Provided Only 11 Days for Objections Instead of the Minimum Prescribed 30 Days (b) Petitioners Filed Written Objections on 03 July 2023, But No Personal Hearing Was Granted Prior to Passing the Award (c) Respondents Contended That Written Objections Were Considered and Thus Sufficient Compliance Was Made

SUBJECTS:

Land Acquisition – Natural Justice – Personal Hearing – Adequate Notice – Right to Property – Quashing of Award – Fair Compensation